Limitation of Actions Consultation - Law Commission

(2) Would you prefer a limitation period of four years? or
(3) What period (other than three or four years) do you consider is more
appropriate?
15.15 What one considers to be an appropriate limitation period is likely to depend on
one’s preferred starting date. The above provisional recommendation assumes a
discoverability starting date. We ask those consultees who have favoured a
different starting date than discoverability (that is, who have favoured one of the
options 2 - 5 in paragraphs 12.14 - 12.20 above) to say what limitation period they
consider appropriate in respect of their preferred starting date. (Paragraphs 12.95 -
12.96).
3 A LONG-STOP?
15.16 We ask consultees whether they agree with our provisional view that, to
counterbalance the “discoverability” starting point, there should be a long-stop,
including for personal injury claims. If consultees disagree, we ask them whether
they would favour a long-stop except for personal injury claims. (Paragraph
12.104).
15.17 Our provisional view is that, if there is to be a long-stop under the core regime, it
should run from the date of the act or omission of the defendant which gives rise
to the claim. We ask consultees whether they agree. We also ask consultees
whether, for construction liability claims, the date of the act or omission of the
defendant should be deemed to be the date of completion of the works, and, if so,
how “construction liability claims” should be defined. (Paragraph 12.108).
15.18 Our provisional view is that, under our core regime, there should be a uniform
long-stop period of 10 years, applicable to all actions other than for personal
injury. We consider that personal injury claims should be subject to a long-stop
period of 30 years. We ask consultees whether they agree. If not, we ask them
whether they would prefer a long-stop of 12 years, or 15 years, for non-personal
injury claims. (Paragraph 12.113).
4 FACTORS EXTENDING THE LIMITATION PERIOD
(1) Disability
15.19 As under the present law, our provisional view is that disability should extend an
initial limitation period so that the period starts to run only when the plaintiff’s
disability has ceased. We ask consultees whether they agree. (Paragraph 12.115).
Definition
15.20 Consultees are asked
(1) whether they agree with our provisional view that the definition of “lack of
capacity” in paragraph 12.123 should be adopted as the definition of
disability (other than minority) in the law of limitations, and
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